Asylum Appeals (Procedure) Rules 1996

JurisdictionUK Non-devolved
CitationSI 1996/2070

1996No. 2070 (L.5)

IMMIGRATION

The Asylum Appeals (Procedure) Rules 1996

6thAugust1996

7thAugust1996

1stSeptember1996

ARRANGEMENT OF RULES

PART I

Introduction

1. Citation, commencement and revocation

2. Interpretation

3. Application

PART II

Appeals to special adjudicators

4. Application of Part II

5. Notice of appeal

6. Notification of hearing

7. Variation of notice of appeal

8. Parties

9. Deciding the appeal

10. Adjournment of hearings

11. Promulgation of determination and reasons

PART III

Appeals to Tribunal from special adjudicator

12. Application of Part III

13. Leave to appeal

14. Notice of appeal

15. Parties

16. Time within which appeal is to be decided

17. Determination of appeal

18. Adjournment of hearings

19. Promulgation of determination and reasons

PART IV

Appeals from Tribunal

20. Application of Part IV

21. Leave to appeal

PART V

General procedure

22. Application of Part V

23. Conduct of appeals

24. Failure to comply with directions

25. Bail

26. Representation

27. Evidence

28. Summoning of witnesses

29. Mode of giving evidence

30. Inspection of documentary evidence

31. Burden of proof

32. Exclusion of public

33. Hearing of appeal in absence of appellant or other party

34. Combined hearings

35. Determination without hearing

36. Summary determination of appeals

37. Performance of functions of Tribunal

38. Notices etc

39. Mixed appeals

40. Transfer of proceedings

41. Extension of time limit

42. Time

43. Record of proceedings

44. Irregularities

45. Correction of accidental errors

SCHEDULE

Form A1-Notice of an appeal to a special adjudicator against a refusal of asylum.

Form A1(TC)-Notice of an appeal to a special adjudicator against a certificate issued by the Secretary of State on third country grounds.

Form A2-Application for leave to appeal to the Immigration Appeal Tribunal against a decision of a special adjudicator.

Form A3-Application to the Immigration Appeal Tribunal for leave to appeal against its decision.

Form A4-Recognizance of appellant.

Form A5-Recognizance of appellant's surety.

Form A6-Witness summons.

The Lord Chancellor, in exercise of the powers conferred by section 22 of, and paragraph 25 of Schedule 2 to, the Immigration Act 1971( a)and now vested in him,( b) after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992,( c) hereby makes the following Rules:

PART I

INTRODUCTION

Citation, commencement and revocation

1.-(1) These Rules may be cited as the Asylum Appeals (Procedure) Rules 1996 and shall come into force on 1st September 1996.

(2) The Asylum Appeals (Procedure) Rules 1993( d) are hereby revoked.

Interpretation

2.-(1) In these Rules-

"the 1984 Rules " means the Immigration Appeals (Procedure) Rules 1984;( e)

"the 1971 Act " means the Immigration Act 1971;

"the 1993 Act " means the Asylum and Immigration Appeals Act 1993; ( f)

"the 1996 Act " means the Asylum and Immigration Act 1996; ( g);

"the appellate authority " means the special adjudicator or, as the case may be, the Tribunal and "authority " shall be construed accordingly;

"appellant " includes an applicant and, where he appeals against the determination of the appellate authority, the Secretary of State;

"asylum appeal " means any appeal made under any of the subsections (1) to (4) of section 8 of the 1993 Act (including any further appeal that is made in relation to such an appeal) and shall include any appeal which, by virtue of paragraph 3 of Schedule 2 to that Act, shall be dealt with in the same proceedings as the appeal brought under any of those subsections and includes an appeal under section 3 of the 1996 Act;

"certified claim " means an appeal

(a) which the Secretary of State has certified is one to which paragraph 5 of Schedule 2 to the 1993 Act applies, or(b) under section 3 of the 1996 Act (appeals against certificates under section 2);

"party " includes the appellant and the Secretary of State and, in cases where the appropriate notice is given, the United Kingdom Representative of the United Nations High Commissioner for Refugees;

"special adjudicator " means an adjudicator designated under section 8(5) of the 1993 Act or section 3(3) of the 1996 Act; and

"the Tribunal " means the Immigration Appeal Tribunal.

(2) In these Rules a Form referred to by letter and number means the Form so described in the Schedule to these Rules and any such forms (or forms substantially to the like effect) may be used with such variations as the circumstances may require.

(3) For the purposes of these Rules-

(a) an appeal is determined when written notice is sent of the decision whether or not the appeal should be allowed and expressions such as "determination" and "notice of determination" shall be construed accordingly;

(a) 1971 c.77; section 22 was extended by the Asylum and Immigration Appeals Act 1993 (c.23), sections 8(6), 9(4) and Schedule 2, paragraphs 4(3) and 5(4) and by the Asylum and Immigration Act 1996 (c.49), sections 1(6) and 3(5).

(b) The Transfer of Functions (Immigration Appeals) Order 1987, S.I. 1987/465.

(c) 1992 c.53.

(d) S.I. 1993/1661.

(e) S.I. 1984/2041.

(f) 1993 c.23.

(g) 1996 c.49.

(b) every determination shall consist of a concise statement of

(i) the decision on the substantial issues raised;

(ii) any findings of fact material to the decision,

(iii) the reasons for the decision.

Application

3. These Rules shall apply to all asylum appeals whether or not the appeal was instituted before these Rules came into force.

PART II

APPEALS TO SPECIAL ADJUDICATORS

Application of Part II

4. This Part applies to asylum appeals to a special adjudicator.

Notice of appeal

5.-(1) Subject to paragraph (2), a person making an asylum appeal ("the appellant " ) shall give notice of appeal not later than 7 days after receiving notice of the decision against which he is appealing.

(2) The time limit for giving notice of appeal shall be 2 days in a case where the following conditions are satisfied:

(a) the appeal is made under section 8(1) of the 1993 Act (where the appellant was refused leave to enter the United Kingdom); and(b) the appeal relates to a certified claim; and(c) the appellant is in custody in the United Kingdom, and(d) there has been personal service on the appellant of the notice of the decision against which he is appealing.

(3) Subject to paragraphs (4) and (5), notice of appeal shall be given by serving-

(a) on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and(b) upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act,

Form A1 which shall be

(i) signed by the appellant or his representative; and(ii) accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision.

(4) In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him.

(5) In any case where an appellant appeals under section 3 of the 1996 Act from outside the United Kingdom this rule shall apply to the appeal subject to the following modifications:

(a) paragraph (1) shall have effect as if, for the words from "7 days after " to the end, there were substituted"28 days after the departure of the ship, aircraft, through train or shuttle train in which the appellant left the United Kingdom." ;(b) paragraph (3) shall have effect as if, for "Form A1" , there were substituted "Form A1(TC) ".

(6) Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given in accordance with this rule is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated.

(7) Upon receipt of the notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall sendto the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3).

(8) Within 42 days of receipt of the notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to a special adjudicator and the appellant-

(a) the documents specified in paragraph (3);(b) the original or copies of any notes of interview; and(c) the original or copies of any other document (except statutory materials) referred to in the decision being appealed,

and, in a case where the time limit specified above has not been complied with, the Secretary of State shall notify the appellant and the special adjudicator why it has not been complied with.

(9) In this Rule "statutory materials" means any enactment or any provision made under an enactment, a convention or other provisions of a similar nature which are publicly available.

Notification of hearing

6. Notice of the date, time and place fixed for the hearing of the appeal shall not later than 5 days after the receipt of the documents specified in rule 5(8) be served on-

(a) the appellant,(b) the immigration officer or (as the case may be) the Secretary of State, and(c) (if he has given notice in accordance with rule 8(2)) the United Kingdom Representative of the United Nations High Commissioner for Refugees.

Variation of notice of appeal

7. The grounds of the appeal may, with the leave of the special adjudicator, be varied by the appellant.

Parties

8.-(1) The parties to an appeal shall be the appellant and the Secretary of State.

(2) If the United Kingdom Representative of the United Nations High Commissioner for Refugees gives written notice to the special adjudicator at any time during the course of an appeal that he wishes to be treated as a party to the appeal, he shall be so treated from the date of the notice.

Deciding the appeal

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